282 
PARK AND CEyAETERY. 
to it. Under these circumstances, the supreme 
court of California holds, that, even assuming that 
the sketch of specifications and the bid thereon were 
a contract, and that the use of the rock called “Loo- 
mis granite” was not a compliance with it, the agent 
in question had been given full authority to make 
or change any contract, providing he kept in view 
the construction of a coping similar to and of the 
same quality of material as the other coping refer- 
red to, and that the woman must pay for the coping 
she got. 
ACCOUNTING OF CEMETERY COMPANY. 
The court of chancery of New Jersey has decid- , 
ed several points of general interest in the case of 
the New York Bay Cemetery Co. i'. Buckmaster, 
An accounting was to be had between the com-'” 
pany, which had control and right of sale of all 
lots in the cemetery, and the original owners of 
the site, who owned a large number of the lots. 
The latter insisted that the company must 
show that each item in its list of charges was a 
proper charge for the maintenance of the ceme- 
tery, of which they should pay their proportion, 
while the company contended that the burden 
was on them to show that any particular item was 
not so chargeable. The court holds with the own- 
ers that it was for the company to prove what pay- 
ments it made and that they were properly charge- 
able in this connection. I laving charged up what 
was paid for labor, the court holds that moneys re- 
ceived by the company for interment fees and for 
work done by its men for individual lot owners on 
their lots should in equal proportion be placed to 
the credit of the parties to this action. 
Rules For Receving Trust Funds. 
The following are the conditions under which 
gifts or bequests for the perpetual care of lots are 
received by the authorities of Forest Home Ceme- 
tery, Milwaukee, Wis.: 
That, subject to such conditions and modifica- 
tions hereof as may from time to time be adopted 
by a two-thirds vote of all the members of the Ves- 
try of St. Paul’s Church, Milwaukee, (they being the 
Trustees of said cemetery) all future gifts or be- 
quests shall be received only on the basis that such 
amounts shall be invested to the best advantage, to 
be kept in a fund separate from all other in- 
vestments, and that the income arising from such 
Special Fund shall, on the first day of May in each 
year, be apportioned as follows: One per cent, 
of the amount of said Fund shall be deducted from 
the income of said Fund and shall be carried into 
and added to the general Reserve Fund of the 
Cemetery, and the balance “^f the income of said 
Special Fund shall be apportioned pro rata to the 
several amounts in such Special Fund, and the pro 
rata amounts so apportioned shall be the amounts 
that may be expended during the current year on 
the lot, or lots or graves for which each such gifts 
or bequests have been made. That all receipts o^ 
contracts hereafter to be given for such gifts or be- 
quests shall be given on above basis, unless special 
securities shall be given in place of money, in which 
cases the income received therefrom shall be ex- 
pended untill such time as the securities so given 
shall mature or be paid, when the amounts realized 
|| therefrom shall be added to and invested with the 
'Special Fund before stated, and the pro rata a- 
! mount of the net income shall be apportioned to 
the amount received from such securities, and shall 
I’be the amount that may be expended on the lot, or 
lots or graves for which each of the gifts or be- 
j quests were made. Any amount left over unex- 
pended for any year or years on any given lot, or 
lots or graves, shall be added to the amount allow- 
ed to be expended in any subsequent year or years. 
No gift or bequest shall be entitled to any bene- 
fit from the income of the Fund unless such gift or 
bequest shall have been received at least one year 
prior to any first day of May. 
No gift shall be received for a less sum than 
One Hundred Dollars. 
Rules and Regulations, 
/ 
The following extracts are taken from the re- 
cent publication of Pine Grove Cemetery, Lynn, 
Mass. : 
Prices FOR Perpetual Cake: For lots, per 
100 ft. $33.33; for lots under 200 square ft. and 
over 100 square ft., $50.00; for lots containing 300 
square ft., $100,00; for lots containing 40O square 
ft., $13400. 
* * * 
No burials will be made on Sunday. Bodies 
brought in on that day will be left at the tomb. 
No labor of any kind will be allowed on Sundays. 
Lots not under perpetual care will be cared 
for at the rate of one cent per square foot. Lots 
remaining unpaid at the end of the year will not be 
cared for until paid. It is the desire of the super- 
intendent to be notified at once if any lot is not 
receiving proper care. 
No raised mounds over the graves will be allow- 
ed on the Public lots. 
No headstones will be allowed over sixteen 
inches wide at the base and two feet high from 
the grade of the above lots; and the number of the 
grave must be cut upon the head stone. 
